Kansas Statutes 44-828. Prohibited practices
Terms Used In Kansas Statutes 44-828
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agricultural employer: shall mean any employer engaged in cultivating the soil or in raising or harvesting any agricultural or horticultural commodity including custom harvesting operators operating wholly within the state of Kansas, and employers engaged in operating stock, dairy, poultry, fruit, furbearing animal, wildlife and truck farms, plantations, ranches, feedlots, ranges, orchards, or other similar agricultural enterprises and who employed six or more employees for 20 or more days of any calendar month in the six months preceding the filing for recognition by such employees as an employee organization as provided for in Kan. See Kansas Statutes 44-819
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conditions of employment: means salaries, wages, hours of work, vacation allowances, sick and injury leave, number of holidays, retirement benefits, insurance benefits, wearing apparel, premium pay for overtime, shift differential pay, jury duty and grievance procedures. See Kansas Statutes 44-819
- Employee organization: means any organization which includes employees of an agricultural employer and which has as one of its primary purposes representing such employees in dealings with that agricultural employer over conditions of employment and grievances. See Kansas Statutes 44-819
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lockout: means action taken by the employer to provoke interruptions or to prevent the continuity of work normally and usually performed by the employees for the purpose of coercing the employees into relinquishing rights guaranteed by this act. See Kansas Statutes 44-819
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- Secondary boycott: means to encourage, coerce, contract or conspire with any person where the object of such action is to force or persuade any person, not a party to the labor dispute, to refuse to use, sell, handle or transport any agricultural commodity, or where the object of such action is to require any agriculture employer to recognize, bargain with or resolve any dispute with a labor organization. See Kansas Statutes 44-819
- strike: includes concerted action resulting in: (1) failure to report for duty; (2) the willful absence from one's position; (3) the stoppage of work; or (4) the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by an agricultural employee, for the purpose of inducing, influencing or coercing a change in the conditions, or compensation, or the rights, privileges or obligations of employment. See Kansas Statutes 44-819
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in meet and confer proceedings.
(b) It shall be a prohibited practice for an agricultural employer or such employer’s designated representative willfully to:
(1) Interfere, restrain or coerce agricultural employees in the exercise of rights granted in this act; except, that the expression of views by any means, as long as the expressions do not contain threats of reprisal or promises of benefits, shall not be prohibited or grounds for setting aside a representative election;
(2) dominate, interfere or assist in the formation, existence, or administration of any employee organization;
(3) encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;
(4) discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such employee has formed, joined or chosen to be represented by any employee organization;
(5) refuse to meet and confer in good faith with representatives of certified or formally recognized employee organizations;
(6) deny the rights accompanying certification or formal recognition granted in Kan. Stat. Ann. § 44-824, and amendments thereto; or
(7) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for agricultural employees or employee organizations willfully to:
(1) Interfere with, restrain, discriminate against or coerce agricultural employees in the exercise of any of the rights granted to agricultural employees in this act;
(2) interfere with, restrain or coerce an agricultural employer with respect to management rights granted in Kan. Stat. Ann. § 44-822, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;
(3) cause or attempt to cause an employer to discriminate against an employee because of membership or nonmembership in any employee organization;
(4) establish or maintain organizational pickets at an agricultural employer’s residence, place of business or situs of such employer’s products;
(5) refuse to meet and confer in good faith with an agricultural employer as required by this act;
(6) engage in a strike during periods of marketing of livestock or during a critical period of production or harvesting of crops; or
(7) engage in a secondary boycott.